This article discusses if a council of owners in WA can make decisions without quorum strata and whether urgent council meetings can proceed when not enough members attend.
Question: Can a council of owners hold an urgent meeting if other members cannot attend and do not give a proxy?
I have given our council members the required seven days’ notice of a council meeting. This is an urgent meeting, and it may be some time before I can arrange another meeting, but we need to make decisions.
If other council members cannot attend and have not provided a proxy, can I still hold the meeting and make decisions, and what process do I need to follow?
Answer: Until quorum is met, council decisions cannot be validly made.
If you have provided the required 7 days’ notice of the council meeting but the other council members are unable to attend and have not appointed proxies, the meeting may proceed only if a quorum is present in accordance with Schedule 1 of the Strata Titles Act 1985: Governance By-laws = Constitution of Council By-law 4 (1).
Quorum Based on Council Size
- 3–4 Council Members: 2 members constitute a quorum
- 5–6 Council Members: 3 members constitute a quorum
- 7 Council Members: 4 members constitute a quorum
If a quorum is not achieved, the council cannot make binding decisions at that meeting. Any discussions held would be informal only, and no formal resolutions could be passed.
If the matter is urgent, you may wish to:
- Contact the other council members again to stress the urgency and encourage attendance or the appointment of a proxy; or
- Consider whether a written resolution signed by the required majority of council members is permissible under your bylaws; or
- Arrange a further meeting at the earliest possible date where quorum can be achieved.
Until quorum is met, council decisions cannot be validly made.
Whilst Schedule 1 Governance By-laws have been noted above, additionally, you need to check the by-laws that are registered to your particular scheme.
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
This post appears in Strata News #782.
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Read next:
- WA: Q&A Can council members who repeatedly appoint a proxy for meetings be removed?
- WA: Q&A Circulating council of owners meeting minutes in a WA strata scheme
- WA: Q&A Strata company meeting – how many owners form a quorum?
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